No, SCOTUS Did Not ‘Invent’ Judicial Review in Marbury v. Madison
You may have heard that the U.S. Supreme Court “invented” the power of judicial review in a case called Marbury v. Madison (1803). If you’re on the political left, you may have heard it from someone like New York Times columnist Jamelle Bouie, who once argued that judicial review “wasn’t enumerated in the Constitution and isn’t inherent in the [Supreme Court] as an institution.” For Bouie, that meant the idea of abolishing judicial review was a no-brainer in […]